Google trademark concerns

Ben Ostrowsky sylvar at VAXER.NET
Tue Feb 25 05:19:26 UTC 2003


I'd guess that you can report accurately that many people use 'google' as
a generic term, especially if you can cite some utterances.

And you could send them a pamphlet of your own about the difference
between prescriptive and descriptive definition-writing -- a sort of
Lexicographer's Apology (like the Actor's Apology, "this is fiction, don't
blame us if it looks painfully familiar to you") to explain that you're
not urging people to use 'google' but merely recording the fact that some
do, and what they mean by it.

Good Lord, the OED had better watch out -- it's got 'xerox' and 'Kleenex',
at the very least, and might get sued by companies after their trademarks
have become common words.

This argument sounds familiar: "I'm not responsible for the fact that this
exists; I'm just recording that fact."  Isn't that how Google's counsel
would likely respond to charges that their site enables pedophiles to find
depictions of illegal sex, like so?

  http://www.google.com/search?q=young+girl+erotica

If they have no duty to remove this from their site, what duty do you have
to remove a harmless bit of lexicography?

I am most keen to hear Bethany Dumas's utterances on the subject.

Ben



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